Distinctness

(1) A variety shall be considered to be distinct if it is clearly distinguishable from any other variety whose existence is a matter of common knowledge at the time of the filing of the application or where relevant, at the priority date. (2) Common knowledge may also be established by reference to various factors such as the exploitation of the variety already in progress, grant of a breeder’s right in the variety, entry of the variety in a catalogue of varieties admitted to trade or entry in the register of varieties kept by a recognised professional association, or inclusion of the variety in a reference collection. (3) The filing, in any State, of an application for a breeder’s right, or for entry in a catalogue of varieties admitted to trade, shall be deemed to render the variety the subject of the application a matter of common knowledge from the date of the application, provided that the application leads to the grant of the breeder’s right or the entry in the catalogue, as the case may be.